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PUBLIC HEARING AUTHORIZING THE CONTINUED USE, FUNDING, AND ACQUISITION, FOR MILITARY EQUIPMENT ESTABLISHED IN THE MILITARY EQUIPMENT USE POLICY AS MANDATED BY CHAPTER 12.8 (COMMENCING WITH SECTION 7070) TO DIVISION 7 OF TITLE 1 OF THE GOVERNMENT CODE, RELATING TO MILITARY EQUIPMENT
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RECOMMENDATION
It is recommended, at the conclusion of the public hearing, that the City Council, as governing body of the City of Stockton, by motion:
1. Authorize Stockton Police Department (SPD) to continue the use of military equipment as defined by Assembly Bill 481 (AB 481) and approved via City Ordinance 2022-04-05-1601.
2. Approve 2023 Intended Acquisitions, as outlined in the 2023 AB 481 Annual Report, published July 31, 2023.
It is further recommended that the Council authorize the City Manager to take all necessary and appropriate actions to carry out the purpose and intent of this motion.
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Summary
On September 30, 2021, California’s Governor approved Assembly Bill 481 (AB 481), requiring law enforcement agencies to obtain approval from the applicable governing body, by the adoption of a military equipment use policy, at a regular meeting held pursuant to specified open meeting laws, prior to taking certain actions relating to the funding, acquisition, or use of military equipment, as defined in the Government Code. Military equipment are items that are designated prohibited or controlled by the Federal Defense Logistics Agency.
AB 481 requires approval on an annual basis for the continued use of military equipment and allows the governing body to approve the funding, acquisition, or use of military equipment within its jurisdiction only if it determines that the military equipment meets specified standards. AB 481 requires the governing body to annually review the ordinance and to either approve the continued use of military equipment; disapprove a renewal of the authorization for a type, as defined, of military equipment; or amend the military equipment use policy if it determines, based on an annual military equipment report prepared by the law enforcement agency, as provided, that the military equipment does not comply with standards for approval.
DISCUSSION
Background
On April 5, 2022, the City Council adopted an ordinance, 2022-04-05-1601 (Attachment A), approving a policy regarding the acquisition and use of military equipment, as required by Assembly Bill 481 (AB 481). Military equipment includes but is not limited to, unmanned, remotely piloted vehicles, command and control vehicles that are either built or modified to facilitate the operational control and direction of public safety units, noise-flash diversionary devices and explosive breaching tools, kinetic energy weapons and munitions, or any equipment that is designated as prohibited or controlled by the federal Defense Logistics Agency and any other equipment as determined by a governing body or a state agency to require additional oversight. The policy established the Department’s designee for creating an annual report to the public on the SPD’s military equipment inventory.
Present Situation
AB 481 requires annual review of the ordinance where Council must approve, disapprove, or amend the policy, based on an annual military equipment report prepared by the law enforcement agency. SPD General Order F-02a contains the City’s military equipment policy.
The 2023 Annual Report was published on the Stockton Police Department webpage on July 31, 2023. Following review of the existing policy, SPD determined that the current ordinance requires no changes (Attachment A).
The SPD is also planning for new equipment and other acqusitions, as outlined in the 2023 Annual Report (Attachment B). The majority of the purchase costs will be funded through the 1033 program, the City will only be responsible for expenses related to ongoing maintenance and training. New aqcuisitions include, but are not limted to:
• M-RAP vehicle (Mine-Resistant Ambush Protected) to provide additional safety for officers and the public when responding to critical incidents such as active shooter events, victim rescue and suspect contact.
• LRAD (Long Range Acoustic Device) is a specialized loudspeaker used for communicating at a distance, negotiations with barricaded suspects, mass notifications and natural emergencies.
Publication
The Notice for this public hearing was published in The Record on August 21, 2023.
FINANCIAL SUMMARY
Costs noted in the SPD’s 2023 AB481 Annual Report are as follows:
• Annual equipment maintenance and Supply costs - $428,652
• Training costs - $91,486
Budget for these items is included in the Police Department’s annual budget in the General and Other Special Revenue Funds.
Attachment A - City of Stockton Ordinance No. 2022-04-05-1601
Attachment B - Stockton Police Department 2023 AB 481 Annual Report